PENAL CODE of the Democratic Republic of Timor Leste
Article 165. Trafficking in human organs
1. Any person who obtains, sells, assigns, purchases, transports or transfers tissues,
organs, substances or parts of the human body of third parties without consent or
through use of threats, force or other forms of coercion, kidnapping, fraud, deceit,
abuse of authority or situation of vulnerability, or by means of delivery or acceptance
of payments or benefits, or assists in the collection, transaction, transport or storage
of the above shall be punishable with 3 to 10 years imprisonment.
2. If commission of any of the acts mentioned in the subarticle above results in any
of the effects provided for in article 146 or the death of the victim, the perpetrator
shall be punishable with 4 to 12 years imprisonment and 5 to 20 years
imprisonment, respectively.
3. Consent of the victim is criminally irrelevant, if any of the means referred to in
subarticle 1 were used.
Article 166. Sale of persons
1. Any person who, apart from the cases provided in article 163, by any act or other
means of transaction, transfers a person, or group of persons, to another person or
group of persons against payment of any sum or any other exchange, reward or
advantage, is punishable with 2 to 8 years imprisonment.
2. If the acts referred to in the previous subarticle are committed:
a) Against a minor aged less than 17 years;
b) Through abuse of authority arising from a family relationship, ward
or guardianship, or hierarchical, economic or labor-related
dependence;
c) Through taking advantage of any office or authority held, in any
capacity, in a prison, educational or correctional establishment,
hospital, mental institution, rest home, clinic or other health
establishment or establishment intended to provide assistance or
treatment; or
d) Upon an unconscious or incapable person who is particularly
vulnerable by virtue of disease, physical or mental deficiency;
Said perpetrator is punishable with 4 to 12 years imprisonment.
3. Consent of the victim or third party who exerts any form of power over the victim is
criminally irrelevant.
Article 167. Torture or other cruel, degrading or inhuman treatment
1. Any person who, having the duty to prevent, investigate and decide on any types
of offence, and to enforce the respective penalties, or to protect, guard, conduct
surveillance on or monitor any persons who have been detained or arrested and
commits torture or cruel, degrading or inhumane treatment, in order to
a) obtain from that person or from another person a confession,
deposition, statement or information;
b) punish that person for an act actually or allegedly committed by
the same or another;
c) intimidate that person or another person is punishable with 2 to 8
years imprisonment.
2. The penalty provided for in the preceding paragraph shall also be imposed to any
person who, on his or her own initiative, orders from a superior or in accordance with
any authority competent to perform the duties described in the previous subarticle,
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